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Contact Name
Yohanes Michael
Contact Email
michael.yohanes.1983@gmail.com
Phone
+629113825203
Journal Mail Official
pattimuralawjournal@fhukum.unpatti.ac.id
Editorial Address
Jalan Ir. M. Putuhena - Kampus Poka, Ambon, Maluku 97233, Indonesia.
Location
Kota ambon,
Maluku
INDONESIA
Pattimura Law Journal
Published by Universitas Pattimura
ISSN : 25277308     EISSN : 25277316     DOI : -
Core Subject : Social,
The scope of the articles published in this journal deal with a broad range of topics in the fields of Criminal Law, Civil Law, Constitutional Law, International Law, Administrative Law, Environmental Law, adat law and another section related contemporary issues in law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 12 Documents
EFFECTIVENESS OF IMPLEMENTATION OF CORPORATE SOCIAL RESPONSIBILITY (CSR) IN THE ENVIRONMENTAL LAW ENFORCEMENT Irwansyah, Irwansyah; Gianto, Gianto; Syahwia, Andi
Pattimura Law Journal VOLUME 1 ISSUE 1, SEPTEMBER 2016
Publisher : Faculty of Law, Pattimura University

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Abstract

Development in Indonesia refers to the concept of sustainable development (sustainable development) and responsibility for the environment . Companies have a social responsibility to social and environmental consequences of environmental damage that caused . Implementation of corporate social responsibility (Cooperate Social Responsibility) is an important part in the framework part of the enforcement of environmental law . Implementation of CSR growing rapidly , including in Indonesia . Through Law No. 40 Year 2007 regarding Limited Liability Company , specifically in Article 74, in response to the action of the business world to social and environmental causes damages to society . But in application / CSR implementation will be undertaken by the company is not maximized with implications for the enforcement of environmental law.
IMPLEMENTATION OF LAW NUMBER 11 OF 2012 CONCERNING CHILD RELATED CRIMINAL JUSTICE SYSTEM CONCEPT RESTORATIVE JUSTICE Karangan, Intan
Pattimura Law Journal VOLUME 1 ISSUE 1, SEPTEMBER 2016
Publisher : Faculty of Law, Pattimura University

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Abstract

This study aims to determine how the application of the concept of restorative justice in accordance with Law No. 11 of 2012 on Child Criminal Justice system. This study uses normative namely a study that discusses the problem based on the literature and legislation relating to the matter to be investigated. Law No. 11 of 2012 on the Criminal Justice System Child has provided a new concept in the criminal justice system, especially those in the juvenile justice system. Related to the concept of Restorative Justice or restorative justice is a resolution processes involving perpetrators, victims, families, and other relevant parties in a criminal act, jointly seek solutions to the offense and its implications by emphasizing restoration and not retribution.
COUNTER MEASURES CRIMINAL ACT OF NARCOTICS Amrullah, Mohammad Arief; Rugebregt, Revency Vania
Pattimura Law Journal VOLUME 1 ISSUE 2, MARCH 2017
Publisher : Faculty of Law, Pattimura University

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Abstract

Narcotics crimes that are part of organized crime are essentially one of crimes against development and crimes against social welfare that are central to national and international concerns and concerns. It is very reasonable, given the scope and dimensions so vast, that its activities contain features as organized crime, white-collar crime, corporate crime, and transnational crime. In fact, by means of technology can be one form of cyber crime. Based on such characteristics, the impacts and casualties are also very wide for the development and welfare of the community. It can even weaken national resilience.
THE PRINCIPLES OF LIABILITY ON TELEMEDICINE PRACTICES Anwar, Arman
Pattimura Law Journal VOLUME 1 ISSUE 1, SEPTEMBER 2016
Publisher : Faculty of Law, Pattimura University

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Abstract

This research was aimed at analyzing and finding the principle of liability in telemedicine medical practice proportionally.This research is a legal research with the approach of statute approach, conceptual approach and comparative approach, as well as the approach to the case approach. According to Article 24 paragraph (1) of the 1945 Constitution and Article 5 (1) of Act No. 48 of 2009 on Judicial Authority, determine that the judge shall explore, and understand the legal values and sense of justice in society. Thus Article 1367 paragraph (3) BW and Article 46 of Act No. 44 of 2009 on Hospitals in the application must be in the context of the intended. The principle of liability risk in medical practice telemedicine in proportion refers to professional liability among medical practitioners telemedicine. The theoretical legitimacy is based on professional relationships in the delegation of medical action based on the code of ethics, professional standards, and service standards, and standard operating procedures. Consequences on liability does not necessarily have to be based on errors primary physician (primary care physician / PCP) or primary nurse as subordinate as mean vicarious liability doctrine. Nomenclature "proportional" in a significant liability risk as the distribution of rights and obligations of professionals in proportion to each party's fault based on the values of equality (equitability), feasibility and appropriateness (fair and reasionableness). Accountability based on the viewpoint of interactive justice according to the values of professional skill, prudence or accuracy, responsibility, and colleague and the desire to do good for the sake of healing patients (doing good).
EXTRADITION IN CRIMINAL JUSTICE SYSTEM RELATED TO FOREIGN JURISDICTION Maringka, Jan Samuel
Pattimura Law Journal VOLUME 1 ISSUE 2, MARCH 2017
Publisher : Faculty of Law, Pattimura University

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Abstract

On extradition law in Indonesia is based from the fact that since the adoption of the Act in 1979, there have been fundamental changes in the criminal procedure ode in Indonesia, namely the enactment of Law No. 8 of 1981 on Criminal Proceedings and has the ratification of the International Covenant on Civil and Politics Rights (International Convention on Civil and political Rights, abbreviated as ICCPR) under Law No. 12 of 2005 which requires Indonesia to immediately adjust its positive legal provisions in accordance with the principles set out in the ICCPR. Considering the purpose of extradition implementation as an effort to support law enforcement process and related to examination process in extradition case which is not different from the stages of case handling process as regulated in criminal procedure law, it is necessary to affirm the concept of extradition as an integral part of the enforcement process law so that the principle of due process can be implemented consequently in the process of extradition implementation.
IMPLICATION OF PROTECTION AND FULFILLMENT OF WOMEN'S POLITICAL RIGHTS THROUGH AFFIRMATIVE ACTION POLICY Asikin, Nur
Pattimura Law Journal VOLUME 1 ISSUE 2, MARCH 2017
Publisher : Faculty of Law, Pattimura University

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Abstract

One group of citizens who because of the conditions require special treatment is women. Without special treatment or affirmative action, women will not be able to access the protection and fulfillment of their constitutional rights because of the differences and distinctions generated and perpetuated by the structure of patriarchal society. The protection and fulfillment of constitutional rights without special treatment will tend to maintain discrimination against women and unable to achieve justice
NATURAL RESOURCE MANAGEMENT PROBLEMS OF COASTAL AREAS AND SMALL ISLANDS IN THE ARU ISLAND Tjiptabudy, Jantje; Rugebregt, Revency Vania; Alfons, S. S.; Laturette, Adonia I.; Saiya, Vica J. E.
Pattimura Law Journal VOLUME 1 ISSUE 1, SEPTEMBER 2016
Publisher : Faculty of Law, Pattimura University

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Abstract

On the territory of Aru in the management of natural resources. 3 Last year a lot of the problems occur. This is because their licenses  natural resources management provided by the government to investors who want control over land in this  region, and explore them without regard to the ecosystem and the environment and indigenous people who live in it and in the end lead to conflict.
MONOPOLY OF STATE-OWNED ENTERPRISE OF SOCIAL JUSTICE Akyuwen, Rory Jeff
Pattimura Law Journal VOLUME 1 ISSUE 2, MARCH 2017
Publisher : Faculty of Law, Pattimura University

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Abstract

The role of the state through BUMN becomes so important when it is formulated in a provision as formulated in Article 33 Paragraph (2) of the 1945 Constitution of the State of the Republic of Indonesia, where the production branches which are important for the State and which affect the livelihood of the public must be controlled by Country. Here it indicates the authority of the State to participate in economic activities through the operation of production branches that can be categorized as important for the State and considered vital and strategic for the interest of the State.This is based on the reasons as formulated in the explanatory section of Article 33 of the 1945 Constitution of the State of the Republic of Indonesia, so that the benefits of the production branches do not fall into the hands of individuals, the State actively takes the role to cultivate it because the production branch is considered important and which control the livelihood of the people for the greatest prosperity of the people. State-Owned Enterprises is formed with the aim of contributing to the development of the national economy in general and the state's revenue in particular; The pursuit of profit; To hold general benefit in the form of providing goods and / or services of high quality and adequate for the fulfillment of the livelihood of the public; Pioneering business activities that have not yet been implemented by the private sector and cooperatives and actively providing guidance and assistance to weak economic entrepreneurs, cooperatives, and communities.SOEs are given the right to monopoly in the economic field which is considered to control the livelihood of many people.
APPLICATION OF THE MIRANDA PRINCIPLE IN TERMS OF PRESENTING THE LEGAL COUNSEL FOR CRIMINAL SUSPECTS IN INDONESIA Kafrawi, Moch Faisal
Pattimura Law Journal VOLUME 1 ISSUE 1, SEPTEMBER 2016
Publisher : Faculty of Law, Pattimura University

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Abstract

This study was to determine how the application Miranda Principle in Indonesian legislation system and to find out how its implementation by law enforcement officials. Research conducted qualitatively by focus on a library study with approach of primary legal materials and secondary law. The results showed that in Indonesia, Miranda Principle set in several chapters: chapters 54, 55, 56 paragraph (1) and Article 114 Criminal Procedure Code. But in practice in some cases is still less than the maximum, especially in terms of presenting legal counsel for justice seekers who can not afford in this case the suspect / defendant.
CONSTITUTIONAL BASIS FOR THE CIVIL RIGHTS OF ILLEGITIMATE CHILDREN Nurhayati, Bernadeta Resti
Pattimura Law Journal VOLUME 1 ISSUE 2, MARCH 2017
Publisher : Faculty of Law, Pattimura University

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Abstract

The specification of children into "legitimate children" and "illegitimate children" is well-known legally and socially. Illegitimate children suffer discrimination because of their status. In law, they only have their mothers and mother's family. Although there has been a Constitutional Court Decision No. 046 / PUU-VIII / 2010, but it does not automatically raise the dignity of illegitimate children. On the other hand Law No. 24 of 2014 has made the children who were not born from a marriage by religion lose their rights to be recognized. This paper was aimed to find the constitutional basis for the civil rights of illegitimate children as the basis to provide the civil rights for illegitimate children so that their civil rights are protected.The method used in this paper was normative.Based on the review, there is a constitutional basis to provide the protection to the civil rights of illegitimate children.

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